IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION
CRIMINAL CASE NO: HAC 165 OF 2012
BETWEEN
:
STATE
AND
:
NETANI BAINIBIAU
Counsel
:
Ms F. Lacanivalu - for the State
Accused in Person
Date of Sentence
:
10th May 2013
[1ST ACCUSED]
SENTENCE
[1]
The Accused above named is charged with one count of Act with intent to
cause grievous harm punishable under Section 255 (2) of the Crimes
Decree
[2]
When the matter was mentioned to take plea the Accused pleaded guilty
to the charge and admitted the summary of facts.
[3]
According to the summary of facts on the 19th August 2012 the accused
and group of men were loitering near the compound of the complainant
Simione Turaga. Since they were drunk they were noisy and boisterous.
Being disturbed by this the complainant had asked them to leave the
place.
There, an altercation started and the accused and others had
assaulted the Complainant. The Accused at that time took a Rum and
Cola bottle and swung at the complainant which landed on the jaw and
resulted in loosing of two teeth along his upper mandible.
[4]
Section 255 (2) of the Crime Decree prescribes maximum penalty as
imprisonment for life.
[5]
The tariff for the offence of acts with intent to cause grievous harm
ranges from 6 months to 5 years imprisonment State v Mokubula [2003]
FJHC 164; Haa0052J.2003S (23 December 2003)
The higher side of the range is reserved for pre-planned attack that
results in serious injuries to the victim Shiu Sami & Shiu Kumar v
State Crim App. AAU0007 of 1995).
[6]
In the case of Raj v State Cr. App. No. HAA4 of 2009 (27 May 2009), this
Court stressed the following point about selecting a starting point for
sentence;
“As a matter of principle, starting point should be picked up from within
the range. A term outside the range should only be picked if exceptional or
special circumstances are present”.
LAUTOKA HIGH COURT
HAC 142 OF 2011
STATE –V- ROHIT RANJIT KUMAR
SENTENCE
Page 2
[7]
Considering the nature of the offence in the light of above sentence I
commence you sentence as 12 months imprisonment.
[8]
Aggravating factors
(a)
You used a bottle as a weapon
(b)
The victim received serious and permanent injuries disfiguring his
face.
(c)
Not concerned about the others privacy.
Considering the factors I increase your sentence by 3 months. Now your
sentence is 15 months imprisonment.
[9]
Mitigating Circumstance
a) Your early plea.
b) You are 1st offender
c) You claim you are remorseful
d) You are married and has a child
e) Period in remand
Considering the above circumstances I reduce your sentence by 7
months. Now your sentence is 8 months imprisonment.
[10]
You plead with Court to give you a Suspended Sentence. Considering
your act I do not think this is a fit and proper case to impose a suspend
sentence but considering your early plea and your age I act under
Section 26 (1) of the Sentencing and Penalties Decree and impose the
following sentence.
LAUTOKA HIGH COURT
HAC 142 OF 2011
STATE –V- ROHIT RANJIT KUMAR
SENTENCE
Page 3
You will be serving 2 months in prison and the balance 6 months
suspend for a period of 2 years.
Nature and the Gravity of the suspended sentence is explained.
[11]
30 days to appeal to the Court Appeal.
S. Thurairaja
Judge
At Lautoka
10th May 2013
Solicitors: The Office of the Director of Public Prosecution for the State.
Accused in Person.
LAUTOKA HIGH COURT
HAC 142 OF 2011
STATE –V- ROHIT RANJIT KUMAR
SENTENCE
Page 4